{"id":7975,"date":"2026-02-06T17:49:11","date_gmt":"2026-02-06T17:49:11","guid":{"rendered":"https:\/\/fineelderlaw.com\/?page_id=7975"},"modified":"2026-02-06T18:00:00","modified_gmt":"2026-02-06T18:00:00","slug":"faqs","status":"publish","type":"page","link":"https:\/\/fineelderlaw.com\/index.php\/faqs\/","title":{"rendered":"Frequently Asked Questions"},"content":{"rendered":"

1. How can I qualify for Medicaid without losing my home?<\/strong>
\nThis is arguably the #1 question. Since Medicare doesn’t cover long-term nursing home care, many people turn to Medicaid. However, Medicaid has strict asset limits. Families want to know how to “spend down” or restructure assets so the government pays for care while the family home remains protected for a spouse or heirs.<\/p>\n

2. What is the “Five-Year Look-Back” rule?<\/strong>
\nPeople often ask this when they want to give away money or property to their children. They are concerned about the Medicaid Look-Back Period, which is a 60-month window where the government reviews all financial transfers. If you gave away assets for less than fair market value during this time, you may be penalized with a period of ineligibility.<\/p>\n

3. Do I need a Power of Attorney (POA) or a Guardianship?<\/strong>
\nFamilies often ask this when a loved one starts showing signs of dementia.
\nPower of Attorney: A proactive document where you choose who manages your affairs.
\nGuardianship: A reactive, court-supervised process required if someone is already incapacitated and didn’t sign a POA.<\/p>\n

4. How do I protect my inheritance from my children’s creditors or divorces?<\/strong>
\nParents want to ensure that the money they leave behind stays with their children and isn’t taken by a former son-in-law or a bankruptcy court. Lawyers often recommend Asset Protection Trusts to solve this.<\/p>\n

5. What is the difference between a Will and a Living Trust?<\/strong>
\nMany people are confused about which one they need. The primary question is usually: “Will my family have to go through probate?” A Will generally goes through probate (the court process), while a properly funded Living Trust can bypass it entirely.<\/p>\n

6. Can the state take my house after I die to pay for my care?<\/strong>
\nThis refers to Medicaid Estate Recovery. Clients want to know if the state will place a lien on their property after they pass away to recoup the costs of the care provided. Lawyers use tools like “Lady Bird Deeds” or “Life Estate Deeds” in certain states to prevent this.<\/p>\n

7. What are “Advance Directives” and do I really need them?<\/strong>
\nPeople ask this to clarify their wishes for end-of-life care. This includes Living Wills (medical preferences) and Healthcare Proxies (who makes the decisions). They want to ensure they aren’t kept on life support against their will.<\/p>\n

8. How do I provide for a child with special needs without disqualifying them from benefits?<\/strong>
\nIf an elderly parent has an adult child with a disability, they worry that leaving an inheritance will cut off that child\u2019s SSI or Medicaid. Attorneys answer this by setting up a Third-Party Special Needs Trust.<\/p>\n

9. Should I buy Long-Term Care Insurance?<\/strong>
\nClients often ask if it’s “too late” to get insurance or if the premiums are worth it. Lawyers help compare the cost of insurance versus the cost of “self-funding” care or relying on Medicaid later.<\/p>\n

10. How much does all of this cost?<\/strong>
\nBecause elder law often involves complex trust work and Medicaid applications, clients are anxious about legal fees. They want to know if the lawyer charges a flat fee or an hourly rate and if the investment now will save the family more money in the long run.<\/p>\n","protected":false},"excerpt":{"rendered":"

1. How can I qualify for Medicaid without losing my home? This is arguably the #1 question. Since Medicare doesn’t cover long-term nursing home care, many people turn to Medicaid. However, Medicaid has strict asset limits. Families want to know how to “spend down” or restructure assets so the government pays for care while the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"class_list":["post-7975","page","type-page","status-publish","hentry"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t